Answering your small business dispute questions

It depends on the issue and how willing the other party is to engage in discussion, but our Regulation and Advice team get to work as soon as you’re in contact with us.

First, we’ll review your matter – we may seek additional information from you to determine how best to progress. We then talk to the other party with the goal of moving forward to reach a resolution.

You’ll have a dedicated Regulation and Dispute Advisor who will look after you from start to finish. We will ensure you are kept updated on any progress.

We are available to talk between 9am-4.30pm Monday to Friday (except public holidays and weekends). Alternatively, you can make an appointment to speak with us in person on 1800 072 722. We are located on Level 4, 95 Grenfell Street, Adelaide.

If you email or submit an enquiry through our online form, we endeavour to contact you within 2 business days.

Yes! Come to us as many times as you need.

Generally, disputes are resolved through mediation within a day. Only in rare circumstances does mediation extend beyond one day.

In most cases, our expert team will work to resolve your matter through negotiating with the other parties involved, and assisting to find a resolution everyone can agree on – this is part of our service is completely free.

Depending on your circumstances, a low-cost, subsidised mediation service can be facilitated. Mediation costs $195 per party, per day. However, if your problem falls under the Retail and Commercial Leases Act 1995, mediation is be free. Our professional mediators are independent, experienced and accredited.

The Small Business Commissioner is an impartial office and cannot enforce a resolution. While we work to get parties to the table and facilitate discussion, it’s up to the businesses to agree. We work hard to achieve an outcome, but the decision must be mutually agreed to by all parties.

No, we play an impartial role by gathering all the information, facilitating discussion and assisting with reaching a resolution.

We won’t share details with the other party without your consent. However, often small businesses request us to share their side of the story with the other party, to help them understand where you’re coming from.

We may suggest you get legal advice. Although we might not be able to resolve your issue, we want to ensure your small business matter is addressed. We have several referral options that can provide you with subsidised legal advice.

No, you don’t have to, but you can if it would make you feel more comfortable. This could be a support person, your accountant or your solicitor. Just let us know before the mediation as we’ll need to inform the other party. We will also tell you if the other party is bringing anyone along.

You have the option of attending mediation in person or online. We find mediation is most effective if you attend in person but understand that this is not always possible or convenient.

Before the mediation you will be asked to provide a position summary and sign a Mediation Agreement. You may wish to seek legal advice if you are unsure of your rights or obligations.

No, we play an impartial role, and we are not able to provide legal advice. You can contact the Law Society of South Australia for a referral to a private lawyer or attend a legal clinic for free or low-cost legal assistance.